As used in this chapter, the following terms shall have the meanings
indicated:
ADULT BATHHOUSE
An establishment or business which provides the service of baths
of all kinds, including all forms and methods of hydrotherapy, that is not
operated by a medical practitioner or a professional physical therapist licensed
by the State of Wisconsin and which establishment provides to its patrons
an opportunity for engaging in specified sexual activities, as defined herein.
ADULT BODY PAINTING STUDIO
An establishment or business wherein patrons are afforded an opportunity
to paint images on a body which is wholly or partially nude. For purposes
of this chapter, "adult body painting studio" shall not be deemed to include
a tattoo parlor.
ADULT BOOKSTORE
Includes but shall not be limited to an establishment having as a
substantial or significant portion of its stock and trade in books, magazines,
and other periodicals which are distinguished or characterized by their emphasis
on matter depicting, describing, or relating to specified anatomical areas
or specified sexual activities. "Adult bookstore" shall also include, but
not be limited to, establishments which have a facility or facilities, including
but not limited to booths, cubicles, rooms or stalls, for the presentation
of adult entertainment, as defined herein, including adult-oriented films,
movies or live performances for observation by patrons therein, or which,
as part of their regular and substantial course of conduct, offer for sale,
rent, trade, lease, inspection or viewing books, films, videocassettes, magazines
or other periodicals which are distinguished or characterized by their emphasis
on matters depicting, describing or relating to adult entertainment, as defined
herein.
ADULT CABARET
A cabaret which features male or female impersonators or similar
entertainers.
ADULT ENTERTAINMENT
Any exhibition of any motion pictures, live performance, display
or dance of any type which has as a significant or substantial portion of
such performance based on or which is distinguished or characterized by an
emphasis on sex and/or sexual gratification, or any actual or simulated performance
of specified sexual activities or exhibition and viewing of specified anatomical
areas, as defined herein, appearing unclothed, or the removal of articles
of clothing to reveal specified anatomical areas.
ADULT MINI MOTION-PICTURE THEATER
An enclosed building with a capacity of 50 or fewer persons at which
a significant or substantial portion of the material presented is distinguished
or characterized by an emphasis on matter depicting, describing, or relating
to specified anatomical areas or specified sexual activities, as defined herein,
for observation by patrons therein.
ADULT MODELING STUDIO
An establishment or business which provides the services of modeling
for the purpose of reproducing the human body wholly or partially nude by
means of photography, painting, sketching, drawing or otherwise.
ADULT MOTEL
A hotel, motel, or similar commercial establishment which:
A.
Offers accommodations to the public for any form of consideration; provides
patrons with closed-circuit television transmissions, films, motion pictures,
videocassettes, slides, or other photographic reproductions which are characterized
by the depiction or description of specified anatomical areas or specified
sexual activities, as defined herein; and has a sign visible from the public
right-of-way which advertises the availability of this adult type of photographic
reproductions;
B.
Offers a sleeping room for rent for a period of time that is less than
10 hours; or
C.
Allows a tenant or occupant of a sleeping room to subrent the room for
a period of time that is less than 10 hours.
ADULT MOTION-PICTURE THEATER
An enclosed building with a capacity of more than 50 persons at which
a significant or substantial portion of the material presented is distinguished
or characterized by an emphasis on matter depicting, describing, or relating
to specified anatomical areas or specified sexual activities, as defined herein,
for observation by patrons therein.
ADULT MOTION-PICTURE THEATER (OUTDOOR)
A parcel of land from which individuals may view a motion picture
presented out of doors which presents material distinguishably characterized
by an emphasis on matter depicting, describing, or relating to specified anatomical
areas or specified sexual activities, as defined herein.
ADULT NOVELTY SHOP
An establishment or business having as a substantial or significant
portion of its stock and trade in novelty or other items which are distinguished
or characterized by their emphasis on specified anatomical areas or designed
for specified sexual activities, as defined herein.
ADULT-ORIENTED ESTABLISHMENT
Includes, but shall not be limited to, adult bookstores, adult motion-picture
theaters (indoor or outdoor), adult mini motion-picture theaters, adult motels,
adult novelty shops, adult cabarets, adult bathhouses, adult modeling studios,
and adult body painting studios and further means any premises to which public
patrons or members are regularly invited, admitted and/or allowed to view
adult entertainment, whether or not such entertainment is held, conducted,
operated or maintained for profit, direct or indirect. "Adult-oriented establishment"
further includes, without being limited to, any adult entertainment studio
or any premises that is physically arranged and used as such, whether advertised
or represented as an adult entertainment studio, rap studio, exotic dance
studio, encounter studio, sensitivity studio, modeling studio or any other
term of like import.
BOOTH, ROOM or CUBICLE
Such enclosures as are specifically offered to the public or members
of an adult-oriented establishment for hire or for a fee as part of a business
operated on the premises which offers as part of its business the entertainment
to be viewed within the enclosure, which shall include, without limitation,
such enclosures wherein the entertainment is dispensed for a fee but a fee
is not charged for mere access to the enclosure. However, "booth," "room"
or "cubicle" does not mean such enclosures that are private offices used by
the owners, managers or persons employed on the premises for attending to
the tasks of their employment, which enclosures are not held out to the public
or members of the establishment for hire or for a fee or for the purpose of
viewing entertainment for a fee and are not open to any persons other than
employees, nor shall this definition apply to hotels, motels, or other similar
establishments licensed by the State of Wisconsin pursuant to Ch. 50, Wis.
Stats.
CHURCH
A building, whether situated within the County or not, in which persons
regularly assemble for religious worship intended primarily for purposes connected
with such worship or for propagating a particular form of religious belief.
CUSTOMER
Any person who:
A.
Is allowed to enter an adult-oriented establishment in return for the
payment of an admission fee or any other form of consideration or gratuity;
B.
Enters an adult-oriented establishment and purchases, rents or otherwise
partakes of any merchandise, goods, entertainment or other services offered
therein; or
C.
Is a member of and on the premises of an adult-oriented establishment
operating as a private club.
DAY-CARE CENTER
A facility licensed by the State of Wisconsin, pursuant to § 48.65,
Wis. Stats., whether situated within the County or not.
EMPLOYEE
Any and all persons, including independent contractors, who work
in or at or render any services directly related to the operation of an adult-oriented
establishment.
ENTERTAINER
Any person who provides entertainment within an adult-oriented establishment
as defined herein, whether or not a fee is charged or accepted for entertainment
and whether or not entertainment is provided as an employee or independent
contractor.
OPERATOR
Any person, partnership or corporation operating, conducting, maintaining
or owning any adult-oriented establishment.
RESIDENTIAL
Pertaining to the use of land, whether situated within the County
or not, for premises such as homes, townhouses, duplexes, condominiums, apartments
and mobile homes which contain habitable rooms for nontransient occupancy
and which are designed primarily for living, sleeping, cooking and eating
therein. A premises which is designed primarily for living, sleeping, working
and eating therein shall be deemed to be residential in character unless it
is actually occupied and used exclusively for other purposes. Hotels, motels,
boardinghouses, nursing homes and hospitals shall not be considered to be
residential.
SCHOOL
A building, whether situated within the County or not, where persons
regularly assemble for the purpose of instruction or education, together with
the playgrounds, stadiums and other structures or grounds used in conjunction
therewith. The term is limited to:
A.
Public and private schools used for primary or secondary education in
which any regular kindergarten or grades one through 12 classes are taught;
and
B.
Special educational facilities in which students who have physical or
learning disabilities receive specialized education in lieu of attending regular
classes in kindergarten or any of grades one through 12.
SPECIFIED ANATOMICAL AREAS
A.
Less than completely and opaquely covered:
(1)
Human genitals, pubic region.
(3)
Female breast below a point immediately above the top of the areola.
B.
Human male genitals in a discernible turgid state, even if completely
and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
A.
Showing of human genitals in a state of sexual stimulation or arousal.
B.
Acts of human masturbation, sexual intercourse, sodomy, bestiality,
necrophilia, sadomasochistic abuse, fellatio or cunnilingus.
C.
Fondling or other erotic touching of human genitals, pubic region, buttocks,
or female breasts.
SUBSTANTIAL
As used in various definitions shall mean 50% or more of a business'
stock-in-trade, display space, floor space or retail sales in any one month
during the license year.
A license application shall be accompanied by a fee of $500. If for
any reason the license is denied, $250 shall be returned to the applicant.
If the license is granted, the County will retain the entire fee.
The license shall be displayed in a conspicuous public place in the
adult-oriented establishment.
Any adult-oriented establishment having open for customers, patrons,
or members any booth, room, or cubicle for the private viewing of any sexually
oriented adult entertainment must comply with the following requirements:
A. Each booth, room, or cubicle shall be totally accessible
to and from aisles and public areas of the adult-oriented establishment and
shall be unobstructed by any door, lock, or other control-type devices.
B. Every booth, room or cubicle shall meet the following
construction requirements:
(1) Each booth, room or cubicle shall be separated from adjacent
booths, rooms, cubicles, and any nonpublic areas by a wall.
(2) Each booth, room or cubicle shall have at least one side
totally open to a public, lighted aisle so that there is an unobstructed view
at all times of anyone occupying the same.
(3) All walls shall be solid and without any openings, extended
from the floor to a height of not less than six feet, and be light colored,
nonabsorbent, smooth textured and easily cleanable.
(4) The floor must be light colored, nonabsorbent, smooth
textured, and easily cleanable.
(5) The lighting level of each booth, room or cubicle, when
in use, shall be a minimum of 10 footcandles at all times as measured from
the floor.
C. Only one individual shall occupy a booth, room or cubicle
at any time. No occupant of the same shall engage in any type of sexual activity,
cause any bodily discharge or litter while in the booth, room or cubicle.
No individual shall damage or deface any portion of the booth, room or cubicle.
D. No dancer, performer, or any individual who is performing,
singing or dancing shall have either direct or indirect physical contact with
any patron.
E. While dancing or other performance is in progress, the
establishment shall be adequately illuminated so as to permit safe ingress
and egress from the premises.
F. Good order shall be maintained at all times. Without
limitation due to enumeration, a lack of good order for purposes of this chapter
shall be deemed to include persistent loud noises to the annoyance or detriment
of surrounding property owners or patrons, urinating in public, profane language
and/or fighting.
G. Music and other entertainment which is amplified inside
shall cease no later than 2:00 a.m.
H. The license holder shall ensure that building capacity
limits are set so that the appropriate fire inspection and/or building inspection
authorities are complied with at all times.
I. The license holder shall comply with the applicable state statutes and regulations and all County ordinances, including but not limited to the totally nude dancing restrictions for certain liquor-licensed establishments set forth in Chapter
163, Article
III.
J. The management and employees of all license holders shall
obey all reasonable orders and directions of any law enforcement officer.
K. The performance of any dance by performers under the
auspices of the management shall be given only on a raised portion of the
floor separated by a railing or other device from the patrons so as to deter
patrons from participating in the dance.
L. It is forbidden by this chapter to perform live acts
or simulated acts of sexual intercourse, masturbation, sodomy, bestiality,
oral copulation, flagellation, or any sexual acts which are prohibited by
law on the premises so licensed.
M. The actual live touching, caressing or fondling of the
breasts, butt cheeks, anus or genitals is prohibited.
N. The actual live use of simulated sexual organs during
dance or performances is prohibited.
O. Entertainers or dancers are prohibited from soliciting
or serving drinks or food while performing.
P. No person who serves beverages or food may be nude or
unclothed, which means the showing of specified anatomical areas as defined
herein.
Q. No customer may pay a gratuity or consideration to an
entertainer or dancer while performing whereby the gratuity or consideration,
any part of the customer's body or clothing or any device held or controlled
by the customer comes into contact with the entertainer's or dancer's body,
clothing or any device held or controlled by the entertainer or dancer.
R. No license holder shall permit any amateur dancing, obscene
entertainment, or performances on the license holder's premises in violation
of this chapter or any applicable state and federal laws.
S. No adult-oriented establishment licensed under this chapter
shall be located within 1,000 feet of any residential area or zoned residential
district, church, school, day-care center or public park or within 500 feet
of another adult-oriented establishment licensed under this chapter. For the
purpose of this subsection, measurement shall be made in a straight line,
without regard to the intervening structures or objects, from the nearest
portion of the building or structure used as the part of the premises where
a sexually oriented business is conducted to the nearest property line of
the premises of a use listed herein, or to the nearest portion of the building
or structure used as the part of the premises where another sexually oriented
business is conducted, whichever is applicable. Presence of a city, county
or other political subdivision boundary shall be irrelevant for purposes of
calculating and applying the distance requirements of this subsection.
All private schools and public schools, as defined in Ch. 115, Wis.
Stats., located within the County of Green Lake are exempt from obtaining
a license hereunder when instructing pupils in sex education as part of their
curriculum.
In addition to any other actions allowed by law or taken by the Board
of Supervisors, including the action of license revocation or nonrenewal,
anyone who violates any of the provisions of this chapter shall forfeit not
less than $500 but no more than $1,000 for each and every offense, together
with the costs of prosecution. If such forfeiture and costs are not paid,
such person so convicted shall be subject to any civil penalties or other
penalties available by law.